Do
you owe overdue money for things such as credit cards, a
home mortgage, medical bills, or other types of consumer
debt? If you owe money, and you're in danger of being
contacted by a "debt collector," you should know that
you have certain rights.
Several years ago, the U.S. government created a
law called the Fair Debt Collection Practices Act. The
Act requires debt collectors - defined generally as any
person who regularly collects debts owed to others - to
treat you fairly.
"A
collector may contact you in person, by mail, telephone,
telegram, or fax. However, a debt collector may not
contact you at inconvenient times or places, such as
before 8 a.m. or after 9 p.m., unless you agree," says
the U.S. Federal Trade Commission (FTC), a government
agency that is supposed to protect consumers, in its
brochure "Fair Debt Collection."
The
FTC says that the Act makes it illegal for a debt
collector to harass you by contacting you at work (if
the collector knows that your employer disapproves);
using threats of violence or harm; or using obscene or
profane language.
In
addition, debt collectors cannot use "any false or
misleading statements" when attempting to collect a
debt. For example, the FTC says, collectors may not
falsely imply that they are attorneys or government
representatives, falsely imply that you have committed a
crime, or state that you will be arrested if you do not
pay your debt.
And,
the FTC says, a debt collector cannot use unfair
practices, such as giving false credit information about
you to anyone, sending you anything that looks like an
official document from a court or government agency when
it is not, or using a false name.
However, the FTC and other government agencies
warn that laws that protect from abusive practices do
not preclude debtors from having to pay back money they
legitimately owe. In other words, if you owe money, you
still have to deal with your debt.
The
state of Colorado's Attorney General's Office publishes
these "Helpful Hints" that debtors may follow when
dealing with a debt collector or a collection agency.
(You can find them online at http://www.ago.state.co.us/):
